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SCHILLING v. BACKER

No. 22882.

678 N.W.2d 802 (2004)

2004 SD 45

Harry SCHILLING, Plaintiff and Appellee, v. Bruce BACKER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 7, 2004.

Attorney(s) appearing for the Case

Jeff Burns of Churchill, Manolis, Freeman, Kludt, Shelton & Burns, Huron, South Dakota, Attorneys for plaintiff and appellee.

Drew C. Johnson, Aberdeen, South Dakota, Attorney for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] Harry Schilling filed suit to obtain a prescriptive easement against a private road owned by Bruce Backer. The trial court found in favor of Schilling. Backer appeals. We reverse.

FACTS

[¶ 2.] Schilling has used a private road to gain access to various lots since 1962.1 The South Dakota Department of Transportation (DOT) owned the...

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